42 U.S.C. § 1983 Civil Rights Action

943 Florida cases classified under this topic, plus 1,362 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Jordan v. Miami-Dade Cnty.
  439 F. Supp. 2d 1237· S.D. Fla.· 2006-07-13 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the plaintiff failed to exhaust administrative remedies and improperly sued for mental and emotional injuries without alleging physical injury, requiring dismissal of the complaint.
• Hamilton v. Endell
  981 F.2d 1062· 9th Cir.· 1992-12-15 ·cited 8×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that prison officials who force an inmate to fly against his treating physician's explicit orders, relying on a questionable second opinion, may be deliberately indifferent to the inmate's serious medical needs, thus forfeiting qualified immunity.
• Witmer v. Univ. OF Fla. Police Dep't
  610 So. 2d 87· Fla. 1st DCA· 1992-12-14 ·cited 8×
  Witmer appealed the trial court's dismissal of his civil rights complaint against University of Florida police officers. The court affirmed dismissal of section 1983 claims against the state and officers in their official capacities, but reversed dismissal of claims against offic
• Moore v. Mabus
  976 F.2d 268· 5th Cir.· 1992-11-02 ·cited 8×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the dismissal of the civil rights complaint under § 1915(d) was improper due to the complexity of the issues and the need for further factual and legal development, but affirmed the dismissal of the privacy and loss of privileges claims.
• Gates v. Deukmejian
  977 F.2d 1300· 9th Cir.· 1992-10-06 ·cited 8×
  The court held that the district court abused its discretion by failing to articulate a clear reason for the ten percent fee reduction and by not independently reviewing the fee application. The court also held that enhancement for contingency is not permitted under 42 U.S.C. § 1
• Northington v. Jackson
  973 F.2d 1518· 10th Cir.· 1992-08-17 ·cited 8×
  The court held that dismissal of claims against the Sheriff's Department and certain officers was proper, but the dismissal of claims against Captain Jackson, Sergeant Motley, and Deputy Marin for excessive force and failure to protect was erroneous.
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.
• Orlean Hopkins v. Andaya
  958 F.2d 881· 9th Cir.· 1992-03-05 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that summary judgment was inappropriate because genuine issues of material fact existed regarding the reasonableness of the officer's use of deadly force, and the dismissal of the state wrongful death claim was also improper.
• Cartier v. Lussier
  955 F.2d 841· 2d Cir.· 1992-02-05 ·cited 8×
  The court held that the district court erred in denying summary judgment based on qualified immunity, as the corrected warrant affidavit still supported probable cause.
• Russo v. City OF Cincinnati
  953 F.2d 1036· 6th Cir.· 1992-01-15 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The City may be held liable for failure to adequately train its police officers in the use of deadly force against mentally disturbed individuals if the failure amounts to deliberate indifference.
• Micolette M. Bruno v. City OF Crown Point
  950 F.2d 355· 7th Cir.· 1991-11-27 ·cited 8×
  Although an employer may ask applicants questions regarding family circumstances, if such questions are asked only of female applicants based on sex stereotypes, the plaintiff must prove the employer actually relied on gender in making the employment decision; here, Bruno failed
• Soc'y OF Separationists, Inc. v. Herman
  939 F.2d 1207· 5th Cir.· 1991-08-28 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a generic objection to making any formal declaration of truthfulness, without specifying the objectionable element, does not constitutionally excuse a witness from taking an oath or affirmation.
• Leffler v. Meer
  936 F.2d 981· 7th Cir.· 1991-07-12 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court did not abuse its discretion in reducing the plaintiffs' attorney's fees and denying Rule 11 sanctions, but vacated and remanded the award of attorney's fees to the Commissioners.
• Simkunas v. Tardi
  930 F.2d 1287· 7th Cir.· 1991-05-03 ·cited 8×
  The court held that the officers were entitled to qualified immunity because reasonable officers could have believed they had probable cause to arrest the plaintiff, even if some evidence was questionable.
• Derstein v. The State OF Kan.
  915 F.2d 1410· 10th Cir.· 1990-09-28 ·cited 8×
  The court held that the employee received adequate procedural due process prior to termination, and thus his discharge did not violate his constitutional rights.
• Foster v. Metro. Airports Comm'n
  914 F.2d 1076· 8th Cir.· 1990-09-20 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  An arresting officer's subjective motive is irrelevant to a Fourth Amendment unlawful arrest claim if probable cause exists for the arrest. The use of force during an arrest is judged by an objective reasonableness standard, considering the totality of the circumstances.
• Ellen F. Johnsen, R.N. v. Indep. Sch. Dist. NO. 3 OF Tulsa Cnty.
  891 F.2d 1485· 10th Cir.· 1989-12-19 ·cited 8×
  The court held that the plaintiff's speech, considered as a whole, was not constitutionally protected under the Pickering balancing test due to its disruptive effect on the school district's operations and employee relationships.
• Taylor v. Mace Knapp
  871 F.2d 803· 9th Cir.· 1989-03-21 ·cited 8×
• Natthu S. Parate v. Isibor
  868 F.2d 821· 6th Cir.· 1989-02-17 ·cited 8×
  The court held that compelling a professor to change a student's grade against his professional judgment violates the First Amendment's protection against compelled speech, even if the university could have administratively changed the grade itself.
• Davis v. Hon. Thomas C. Crush
  862 F.2d 84· 6th Cir.· 1988-11-23 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that the district court abused its discretion in imposing Rule 11 sanctions because the plaintiffs' civil rights complaint did not necessarily reflect a lack of reasonable inquiry into the facts or law.
• Phillipe Dell Fargo v. City OF SAN Juan Bautista
  857 F.2d 638· 9th Cir.· 1988-09-16 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that a genuine issue of material fact exists as to whether the officer's conduct constituted gross negligence, thus reversing summary judgment on the Fourteenth Amendment claim against him. Summary judgment for other defendants was affirmed.
• Ikerd v. Lacy
  852 F.2d 1256· 10th Cir.· 1988-07-28 ·cited 8×
  The court held that the trial court did not abuse its discretion in dismissing the complaint without prejudice and imposing sanctions, including attorney's fees, for the appellant's attorney's failure to attend a scheduling conference.
• Frost v. Hawkins Cnty. Bd. OF Educ.
  851 F.2d 822· 6th Cir.· 1988-07-12 ·cited 8×
  The court held that the plaintiff failed to demonstrate a deprivation of federal rights under 42 U.S.C. § 1983, and therefore, the district court erred in denying the Board's motion for judgment notwithstanding the verdict.
• Milo Holt v. Artis
  843 F.2d 242· 6th Cir.· 1988-03-30 ·cited 8×
  The court held that the district court's jury instructions, even if imperfect, did not constitute reversible error mandating a new trial, particularly absent objection.
• José Luis Romero Feliciano v. Hon. Jaime Torres Gaztambide
  836 F.2d 1· 1st Cir.· 1988-02-23 ·cited 8×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, finding a likelihood of success on the merits of a political discrimination claim and irreparable harm.
• Franklyn H. Craft v. Wipf
  836 F.2d 412· 8th Cir.· 1987-12-30 ·cited 8×
  State officials are not entitled to qualified immunity for retaliating against cabin owners for asserting their constitutional rights, but they are entitled to qualified immunity for alleged due process and equal protection violations regarding permit termination and rent increas
• Dale v. Janklow
  828 F.2d 481· 8th Cir.· 1987-09-10 ·cited 8×
  The court held that the district court correctly granted motions for a directed verdict, finding that the officers' use of force was objectively reasonable given the circumstances and Dale's threats.
• Galloway v. State OF La. & Dep't of Corr.
  817 F.2d 1154· 5th Cir.· 1987-05-29 ·cited 8×·via Civil Rights Suit Under 42 U.S.C. § 1983
  The court held that a remedial court order alone does not create rights secured by law for § 1983 liability, and that the plaintiff failed to present evidence of a protected class for a § 1985(3) claim.
• Archie v. Christian
  812 F.2d 250· 5th Cir.· 1987-03-17 ·cited 8×
  A plaintiff is entitled to nominal damages for a civil rights violation even without proof of actual injury, and the court modified the judgment to award one dollar in nominal damages.
• Davis v. Bryan
  810 F.2d 42· 2d Cir.· 1987-01-27 ·cited 8×·via Civil Rights Complaint (Under 42 U.S.C. § 1983)
  The court held that the district court erred in granting summary judgment sua sponte based on the statute of limitations and in failing to notify parties of the conversion from a motion to dismiss to a motion for summary judgment.
• Benjamin v. Malcolm
  803 F.2d 46· 2d Cir.· 1986-09-25 ·cited 8×
  The Eleventh Amendment does not bar federal courts from issuing injunctive relief against state officials when necessary to remedy violations of federal constitutional rights, even if state law is also implicated.
• Brown v. City of Clewiston
  644 F. Supp. 1417· S.D. Fla.· 1986-09-22 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that Officer Perez was entitled to qualified immunity because the law regarding the use of deadly force against fleeing felons was not clearly established in 1979, and his actions did not violate clearly established constitutional or statutory law.
• Cameo Convalescent Ctr., Inc. v. Percy
  800 F.2d 108· 7th Cir.· 1986-08-27 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the district court did not err in granting summary judgment based on the intervening Supreme Court decision in Hudson v. Palmer, as adequate post-deprivation remedies existed under state law.
• Winicki v. Mallard
  783 F.2d 1567· 11th Cir.· 1986-03-13 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  Federal courts should not entertain Section 1983 actions challenging state tax systems when plain, adequate, and complete state remedies are available, due to the principle of comity.
• Lloyd v. Page
  474 So. 2d 865· Fla. 1st DCA· 1985-08-14 ·cited 8×
  Winston Lloyd, proceeding pro se, appealed a trial court's dismissal of his § 1983 civil rights action against the Nassau County Property Appraiser for lack of subject matter jurisdiction. The Florida District Court of Appeal reversed, holding that state courts have concurrent ju
• Webb v. Arresting Officers
  749 F.2d 500· 8th Cir.· 1984-12-04 ·cited 8×
  The court affirmed the compensatory damage award but remanded for a determination of punitive damages, as the district court failed to make specific findings on the latter.
• Greene v. Morgan M. Finley
  749 F.2d 467· 7th Cir.· 1984-12-03 ·cited 8×
  The court held that a criminal trial, even if later overturned on jurisdictional grounds, provides sufficient process when the underlying facts are undisputed and directly relate to the employee's fitness for public service, thus negating the need for a separate termination heari
• Smith v. N. La. Med. Review Ass'n
  735 F.2d 168· 5th Cir.· 1984-06-28 ·cited 8×·via 42 U.S.C. § 1983 (Civil Action For Deprivation Of Rights)
  The court held that plaintiffs failed to establish a constitutionally protected property interest in the Waiver of Liability (WOL) presumption and that the NLMRA, as a federal entity, could not be sued under 42 U.S.C. § 1983 for state action.
• Jordan v. The City OF Lake Oswego
  734 F.2d 1374· 9th Cir.· 1984-06-08 ·cited 8×
  The court held that the plaintiff received constitutionally adequate process before termination, balancing his property interest against the city's need for efficient resolution of conflicts.
• Ass'n FOR Reduction OF Violence v. Hall
  734 F.2d 63· 1st Cir.· 1984-05-09 ·cited 8×
  The court held that a grant of summary judgment based on privileged documents, which were not discoverable by the non-moving party, must be vacated and remanded.
• Clark v. T.V. Beville
  730 F.2d 739· 11th Cir.· 1984-04-23 ·cited 8×·via 42 U.S.C. § 1983 (Excessive Force)
  The court held that the evidence was sufficient to support the jury's verdict for actual and punitive damages, and that the district court did not err in denying summary judgment.
• Modesto Cruz v. Donnelly
  727 F.2d 79· 3d Cir.· 1984-02-10 ·cited 8×
  Private parties cannot be held liable under 42 U.S.C. § 1983 for participating in a police investigation unless there is a pre-arranged plan or conspiracy where the police subordinate their judgment to the private parties.
• Worley v. J.D. Sharp
  724 F.2d 862· 10th Cir.· 1983-12-21 ·cited 8×
  The court held that the district court erred in relying on reports from the Oklahoma Department of Health for dismissal, as Martinez v. Aaron did not authorize investigations by outside agencies.
• Drayton v. Robinson
  719 F.2d 1214· 3d Cir.· 1983-10-17 ·cited 8×
  The court held that while state regulations may create a liberty interest in remaining in general prison population, the Supreme Court's intervening decision in Hewitt v. Helms requires reconsideration of whether the process afforded met due process requirements.
• Wood v. Sargeant
  694 F.2d 1159· 9th Cir.· 1982-12-17 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  A taxpayer's inability to pay a state tax does not render the state's 'pay and sue' refund remedy inefficient, thus the federal Tax Injunction Act bars federal court jurisdiction.
• Taylor v. ST. Clair
  685 F.2d 982· 5th Cir.· 1982-09-16 ·cited 8×·via Civil Rights Act Of 1871 (42 U.S.C. § 1983)
  The court held that the nursing home's decision to discharge a patient was a private action, not state action, and thus did not violate the Fourteenth Amendment or § 1983, and that compliance with the consent decree satisfied related claims.
• Wright v. Gentry Crowell
  674 F.2d 521· 6th Cir.· 1982-03-19 ·cited 8×
  The court held that the prisoner's claims were moot and that a pro se litigant is not entitled to attorney fees under 42 U.S.C. § 1988.
• Balark v. Curtin
  655 F.2d 798· 7th Cir.· 1981-07-31 ·cited 8×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court should reverse the denial of the motion to quash the garnishment summons based on the parties' stipulated agreement and Illinois public policy.
• Wilson v. Thompson
  638 F.2d 799· 5th Cir.· 1981-03-02 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a federal injunction against state criminal proceedings because the appellants failed to prove bad faith prosecution.
• Jamieson v. Robinson
  641 F.2d 138· 3d Cir.· 1981-02-12 ·cited 8×
  A state prisoner's claim that a particular institution lacks a work release program does not violate the Equal Protection Clause, as prison administrators have discretion in establishing such programs based on reasonable policy decisions.